Terms of Use

Effective Date

February 10, 2015

Please read the following Terms of Use completely before accessing or using the Derm101 Site or Services (as defined below). Accessing the Site or using the Services legally binds you to all of the terms and conditions of this Agreement.

Derm101 LLC (“Derm101”, “we”, or “us”) operates this website (“Site”) and the services related to or offered on the Site (“Services”). These Services may include, without limitation, web and mobile applications, online journal submission, email services, downloadable reference materials, and interactive learning tools.

Our Information

The Site and Services offer information related to the field of dermatology intended for physicians and other healthcare providers for informational purpose only. Nothing stated or posted on the Site and Services is intended to be a substitute for your own clinical judgment. Due to the rapid advances in the field of medicine, we urge that Derm101 users verify all diagnoses, treatment recommendations, and drug dosage information. It is solely your responsibility to evaluate the information provided by Derm101. In no event shall Derm101 be liable for any decision made or action taken in reliance upon the information provided through the Site and Services. If you are a consumer, you should not use the content provided by the Site and Services to substitute for the medical advice from a qualified health care provider.

Intellectual Property

The Site and Services are the sole property of Derm101, and are, as such, subjected to copyright and other intellectual property rights under the law. Unless otherwise indicated, you may download and reprint a single copy of the materials from the Site or Services for your own personal, noncommercial use only. You may download the “For Your Patients” PDF handouts, and reprint copies of this material as often as needed to redistribute to your patients. All photographs, graphic images, and videos on the Site are intended for educational purposes. They are not to be used in conjunction with a sales item or on a commercial Web site. By downloading such materials from this Site, you agree not to post these materials on the Internet or on any other electronic network. You also agree not to share these materials in exchange for money, even if no profit is involved.

If you are interested in using any of the photographs or graphic images, or have questions about the use of multi-media resources found on this Site, contact us at termsofuse@derm101.com.

Digital Millennium Copyright Act

Derm101 has a policy of protecting copyrights and of complying with the procedures established under the United States copyright law, the Digital Millennium Copyright Act, (“DMCA”). If you believe in good faith that materials hosted on the Site or Services infringe your copyright, you may email us at termsofuse@derm101.com for further instructions to request that the material be removed or access to it be blocked.

Linking to the Site

You may include a link from your website to our Site, provided that: (1) the link is not detrimental to and/ or does not take unfair advantage of our business; (2) the link does not falsely suggest that we endorse your website or any of its contents; and (3) you do not frame our Site into a different site in such a way that users are misinformed of the source of the content.

Links to Other Websites

Our Site may contain a number of links to other websites and online resources that are not owned or controlled by Derm101. These links are provided for your information only and you access them at your own risk. We cannot assume responsibility for the content or general practices of any linked website. We strongly advise you to read the entire Terms of Use and Privacy Policy of any website that you visit as a result of following a link that is posted on our Site.

Warranty Disclaimer

DERM101 PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND DERM101 HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY OR RELIABILITY. YOUR USE OF THE SITE AND SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED IS ENTIRELY AT YOUR OWN RISK. Please note that the Site and Services may contain technical inaccuracies or typographical errors. Derm101 reserves the right to change, modify, add, or remove any aspect or feature of the Site and Services at any time without notice.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL DERM101 OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, CONTRACTORS, OR SPONSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY, WITHOUT LIMITATION, LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO (1) THE USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES; (2) ANY CONTENT CONTAINED ON THE SITE AND/OR SERVICES; (3) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/ OR SERIVCES (4) ANY DAMAGE CAUSE BY LOSS OF ACCESS TO ANY CONTENT ON THE SITE AND/OR SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.

Governing Law

This Agreement is governed in accordance with the laws of the State of New York, United States. The Site and Services can be accessed from any of the United States and from other countries worldwide. By accessing the Site and Services, you agree that the statutes and laws of the state of New York, without regard to choice of law principles, will apply to all matters relating to the use of the Site and Services.

Indemnity

You hereby agree to fully indemnify, defend and hold Derm101 and its affiliates and their respective officers, directors, employees and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly in connection with: (1) your breach of these Terms of Use; or (2) any use of the Site and Services through your account, whether or not authorized by you.

Recurring Payments

By putting in your billing payment method (“Your Designated Payment Method”) and subscribing to the Site and Services, you authorize Derm101 or its designated payment processor to charge the applicable recurring subscription fees to Your Designated Payment Method. Your subscription will automatically renew at the end of each subscription term: monthly, every 3 months, every 6 months, or annually (as applicable), unless you notify Derm101 of your decision to cancel your subscription (see Cancellation).

Billing Date

Your Designated Payment Method will be charged on the same day of the month that you have started the subscription to the Site and Services.

Subscription Cancellation

If you wish to cancel your subscription to the Site and Services, you may do so at any time by emailing us at customerservice@derm101.com. Your account will remain active until the end of your paid subscription cycle.

Refunds

Your subscription to the Site and Services is non-refundable. However, if you feel that you have been charged in error, you may submit a refund request of your last recurring payment via email to Derm101 at customerservice@derm101.com within five (5) business days of your billing date; if more than five (5) business days have passed, your request for refund will not be processed. Requests submitted within five (5) business days will be processed within thirty (30) days of receipt of such request, using the payment method originally used to pay for your subscription. NO REFUNDS ARE ISSUED UNDER ANY OTHER CIRCUMSTANCES. Following a refund request / subscription cancellation, your access to the Site and Services will be suspended.

Termination

Derm101 reserves the right to suspend or terminate your access to the Site and Services, without any advance notice. In the case of your suspension or termination, you must not attempt to re-register without our permission. No refunds will be issued in the event of such suspension or termination before the end of your subscription period.

Changes to This Agreement

We reserve the right to modify these terms and conditions at any time. The revised Terms of Use will be applicable at the time of posting on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Use.

DISCLAIMER: Use of this Website constitutes acceptance of the Derm101 terms of use and privacy policy. This site is intended for use by physicians and other healthcare providers for informational purposes only. The content of this Website is NOT a substitute for medical advice from a qualified health care provider.